the summationpresident’s message by: steve hoar 401 se 6th street, suite 101 the law is a...

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PRESIDENT’S MESSAGE By: Steve Hoar The law is a conservative profession. The common law has the capacity to evolve, but only gradually over time. Under the doctrine of stare decisis, courts are reluctant to change established legal principles. Lawyers must cite authority in support of their arguments. There is good reason for this cautious, slow-to-change approach: established rules allow members of society to rely on the law in bringing predictability to the conduct of their affairs. The world outside the legal profession, however, is not conservative in its approach to change. Change is fast-paced. Technology is disruptive. Everyone wants information in real-time. The rapidity of change in the Information Age sometimes causes dissonance when it collides with a legal culture predicated on precedent. This story is not new. Bar association social events are rife with accounts of how there were no computers, email, or digital research back in the day. But like Moore’s Law, which predicts that computing power will double every two years, the pace of change in the legal profession is accelerating at an exponential rate. In the mid-1990s, legal futurists envisioned that email would become the primary mode of communication between lawyers and clients. Some in the profession criticized this idea as dangerous because it was a threat to information security and lawyer-client confidentiality. We know which side won that argument. According to IBM, 2.5 quintillion bytes of data are created every day. 90% of all data was created within the past two years. Lawyers must deal with this data explosion when managing discovery, conducting due diligence, and performing legal research. Westlaw and Lexis were at the forefront of the legal data revolution with their compilation of and ability to search legal authority. E-discovery services, helping lawyers deal with the massive amounts of electronic data produced in the course of a lawsuit, have been around for more than a decade. Now there is Ross. Ross is the child of Watson, the IBM supercomputer that beat the greatest of the Jeopardy! champions. Ross accesses Watson’s cloud platform to answer plain English legal questions. Ross began as a project by college students, but is now funded by one of the world’s largest law firms and is being offered to clients. Are lawyers doomed to obsolescence? Will we serve our robot overlords? Even Ross’s purveyors are not that ambitious. They want to help lawyers do more in less time thereby bringing down costs for consumers. Direct-to-consumer online legal service providers say they have similar aspirations. Some purport to answer legal questions for as little as $4.95. One might question the quality of legal advice that costs $4.95. Without doubt, litigants and others with legal problems who are not assisted by counsel are increasing. If their income is low enough, they may qualify for help from Indiana Legal Services, Legal Aid, or VLP. But others who are above the income cutoff may nonetheless think they cannot afford an attorney. They are probably not taking into consideration how much the absence of counsel’s advice might cost them in the long run. It is a certainty that the legal profession will not stop the march of technology. Equally certain is that no computer is able to replace a seasoned lawyer’s judgment, responsive communication, and skills of persuasion. The challenge for lawyers is to find the right balance by harnessing technology to maximize efficiency while preserving the acumen, guidance, and personal service that are the hallmarks of our profession. The Monthly Newsletter of the Evansville Bar Association May 2016 The Summation 401 SE 6th Street, Suite 101 Evansville, IN 47713 812-463-3201 www.evvbar.org Inside this issue: EBA News 2 Bar Updates 3 Committee and Section Meetings EBF CLE Offerings EBA Calendar 3 4 6 7

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Page 1: The SummationPRESIDENT’S MESSAGE By: Steve Hoar 401 SE 6th Street, Suite 101 The law is a conservative profession. The common law has the capacity to evolve, but only gradually over

PRESIDENT’S MESSAGE By: Steve Hoar

The law is a conservative profession. The common law has the capacity to

evolve, but only gradually over time. Under the doctrine of stare decisis, courts are

reluctant to change established legal principles. Lawyers must cite authority in

support of their arguments. There is good reason for this cautious, slow-to-change

approach: established rules allow members of society to rely on the law in bringing

predictability to the conduct of their affairs. The world outside the legal profession, however, is not conservative in its

approach to change. Change is fast-paced. Technology is disruptive. Everyone

wants information in real-time. The rapidity of change in the Information Age sometimes causes

dissonance when it collides with a legal culture predicated on precedent. This story is not new. Bar association social events are rife with accounts of how there were

no computers, email, or digital research back in the day. But like Moore’s Law, which predicts that

computing power will double every two years, the pace of change in the legal profession is accelerating

at an exponential rate. In the mid-1990s, legal futurists envisioned that email would become the primary mode of

communication between lawyers and clients. Some in the profession criticized this idea as dangerous

because it was a threat to information security and lawyer-client confidentiality. We know which side

won that argument. According to IBM, 2.5 quintillion bytes of data are created every day. 90% of all data was

created within the past two years. Lawyers must deal with this data explosion when managing discovery,

conducting due diligence, and performing legal research. Westlaw and Lexis were at the forefront of the

legal data revolution with their compilation of and ability to search legal authority. E-discovery services,

helping lawyers deal with the massive amounts of electronic data produced in the course of a lawsuit,

have been around for more than a decade. Now there is Ross. Ross is the child of Watson, the IBM supercomputer that beat the greatest

of the Jeopardy! champions. Ross accesses Watson’s cloud platform to answer plain English legal

questions. Ross began as a project by college students, but is now funded by one of the world’s largest

law firms and is being offered to clients. Are lawyers doomed to obsolescence? Will we serve our robot overlords? Even Ross’s

purveyors are not that ambitious. They want to help lawyers do more in less time thereby bringing

down costs for consumers. Direct-to-consumer online legal service providers say they have similar aspirations. Some

purport to answer legal questions for as little as $4.95. One might question the quality of legal advice

that costs $4.95. Without doubt, litigants and others with legal problems who are not assisted by counsel are

increasing. If their income is low enough, they may qualify for help from Indiana Legal Services, Legal Aid,

or VLP. But others who are above the income cutoff may nonetheless think they cannot afford an

attorney. They are probably not taking into consideration how much the absence of counsel’s advice

might cost them in the long run. It is a certainty that the legal profession will not stop the march of technology. Equally certain is

that no computer is able to replace a seasoned lawyer’s judgment, responsive communication, and skills

of persuasion. The challenge for lawyers is to find the right balance by harnessing technology to

maximize efficiency while preserving the acumen, guidance, and personal service that are the hallmarks of

our profession.

The Monthly Newsletter of the Evansville Bar Association May 2016

The

Summation

401 SE 6th Street, Suite 101

Evansville, IN 47713

812-463-3201

www.evvbar.org

Inside this issue:

EBA News

2

Bar Updates

3

Committee and

Section Meetings

EBF

CLE Offerings

EBA Calendar

3

4

6

7

Page 2: The SummationPRESIDENT’S MESSAGE By: Steve Hoar 401 SE 6th Street, Suite 101 The law is a conservative profession. The common law has the capacity to evolve, but only gradually over

Page 2 Page 2 Page 2

EBA ANNUAL MEMBERS MEETING

MONDAY, JUNE 6, 2016

5:00PM - EBA Office

ALL EBA Members are invited to join in for election of the EBA Board of

Directors, a very short annual meeting and FREE adult

refreshments

SPEAKERS BUREAU - A Community Outreach

EBA needs your expertise!! As a community outreach, the EBA offers to provide various

groups with speakers on a wide variety of legal topics

through a program called the EBA Speakers Bureau.

For example, a senior citizens group may require

information on advance health care directives, options for

estate planning, or preserving their financial assets.

Neighborhood groups might ask for a speaker on zoning law

or real estate issues, and a high school may ask for a speaker

on laws that affect young people, law as a career, buying

your first car, etc. So please join the list of speakers!

Contact Susan at [email protected] or

Call (812) 463-3201

Short Term Volunteer Opportunity

ORAL HISTORIES

of

SENIOR ATTORNEYS

“A lawyer’s time and advice are his stock in trade.”

- Abraham Lincoln Would you be willing to volunteer to interview

a seasoned attorney to add to our oral history collection?

It just might be a wonderful experience and it will help preserve something valuable for our

profession and our organization.

Contact Susan at [email protected] or call (812) 463-

3201

News From the Volunteer Lawyer Program By Judge Greg Smith and Magistrate Sheila Corcoran

At the last EBA luncheon, we celebrated and honored Bamberger, Foreman, Oswald and Hahn with the Susan K. Helfrich

Award for Excellence in Pro Bono. In accepting the award on behalf of the firm, Laura Scott encouraged other firms to find ways

to engage in pro bono activity. One way is to sponsor one of the Talk To A Lawyer nights by providing the paralegals, volunteer

attorneys and food for the evening. Other ways can be to encourage associates to take a case that puts them in a court-

room. The associate gains valuable courtroom experience, the pro bono client is well represented and the courts appreciate

one less unrepresented litigant. Want to do some pro bono but not sure how it fits within the firm? Contact VLP and we’re

sure an idea and plan can be devised.

Also, during the luncheon, those attorneys who provided 50 hours or more of pro bono service during 2015 were

honored. Those attorneys are: Allyson Breeden, Susan Wilkie, Sarah Fandrey, Mark Miller, Wm. Royal Gearhart,

Marcy Groves, Mark Foster, James Casey, Keith Wallace, David L. Jones, Kathryn Kornblum, Tim Hambidge,

Joe Langerak, Katherine Rybak, Molly Briles, Katherine Vanost-Jones, Scott Wylie, Tracy Thread and Beverly

Corn. Earlier in the month, a celebration occurred in Knox County, recognizing: Dave Roellgen, Jeff Kolb and Yvette

Kirchoff. There were several lawyers who were close to 50 hours, but didn’t quite reach the goal. This is a great list of

volunteer attorneys, but we believe this district can do better for 2016. Here’s the challenge – let’s increase this number by

50%. Need help figuring out a way to get 50 hours? Contact VLP and they’ll help you in anyway they can.

Thank you to all who were honored and for all volunteers out there who give of their time and talents.

LAWYERS LUNCH CLUB “Take 2”

Approximately 60 attorneys joined the first round and have enjoyed

getting to know each other.

We are getting ready to put new groups together.

Want to join the fun???

Sign up to join the lawyers lunch club! The Membership Taskforce will place members in fun groups of 6, making sure each group contains a great mix of experience, practice area etc. Just e-mail [email protected] or call 463.3201 to join the club!

Page 3: The SummationPRESIDENT’S MESSAGE By: Steve Hoar 401 SE 6th Street, Suite 101 The law is a conservative profession. The common law has the capacity to evolve, but only gradually over

Page 3 Bar Updates: Welcome to attorney member Sylvia

Freels and student member Kristen Koewler.

Please make the following changes and additions to

your address book:

Sylvia Freels

Mead Johnson & Company LLC

2400 W Lloyd Expressway

Evansville, IN 47721

(812) 429-5361

[email protected]

William G. Hussmann Jr.

Kightlinger & Gray, LLP

7220 Eagle Crest Blvd.

Evansville, IN 47715

(812) 474-4400 ext 6317

[email protected]

Classified Advertising

HOOK BUSINESS SERVICES - ARE YOU A SOLE

PRACTICTIONER, ARE YOU SHORT-STAFFED, OR DO

YOU NEED PARALEGAL, BILLING OR BOOKKEEPING

SERVICES WITHOUT HIRING ADDITIONAL STAFF? IF SO,

FEEL FREE TO CONTACT MARY ELLEN AT (812) 774-3239

OR BY EMAIL AT [email protected] I AM A MEMBER OF THE EBA WITH 38 YEARS OF LEGAL

EXPERIENCE IN THE EVANSVILLE AREA AND I AM A

NOTARY PUBLIC. I WOULD WELCOME THE

OPPORTUNITY TO HELP WITH ANY OF YOUR

BUSINESS NEEDS. SERVICES WILL BE BILLED AT AN

HOURLY RATE WITH A QUICK TURNAROUND, IN-

CLUDING PICK UP AND DELIVERY SERVICE WHEN NEC-

ESSARY. .

Page 3

Chapman Injury Lawyers

420 Main Street, Suite 1202

Evansville, IN 47708

812.426.0600

Neil Chapman

[email protected]

Steve Thomas

[email protected]

Noah Thomas

[email protected]

Vanstone and Kornblum

New E-mail

[email protected]

Committee/Section Meetings

05/03 Family Law Section Meeting, Noon -

EBA Office

05/04 Solo/Small Firm Section Meeting,

Noon - EBA Office

05/11 Probate, Elder Law & Guardianship

Section Meeting, Noon - EBA Office

05/17 Real Property Section Meeting, Noon

- EBA Office

Lawyers Assistance Program Lawyers, judges, and law students in Southwestern

Indiana have local and state resources available to help

them with issues that could impair their ability to

practice law.

At a local level, the Lawyers Assistance Committee

consists of Michele Bryant, Judge Wayne Trockman,

Chris Lenn, David Sanders, Toby Shaw, Doug Briody,

Keith Wallace and Susan Vollmer. This Committee

meets regularly and works with JLAP and other volun-

teers to provide confidential assistance to members

of the legal community in need. If you or someone

you know is struggling with an impairment issue, do

yourself or your friend a favor and contact JLAP or a

member of the local Committee.

Local Volunteers Contact Information:

Michele Bryant: [email protected]

Judge Trockman: [email protected]

Toby Shaw: [email protected]

David Sanders: [email protected]

Christian Lenn: [email protected]

Susan Vollmer: [email protected]

Doug Briody: [email protected]

Keith Wallace: [email protected]

Employment Opportunities

Salaried Trial Attorney Position. Contact Law Offices of Steven K.

Deig, LLC, 5615 E. Virginia Street, Evansville, Indiana 47715,

812-477-5577. All inquiries confidential.

Page 4: The SummationPRESIDENT’S MESSAGE By: Steve Hoar 401 SE 6th Street, Suite 101 The law is a conservative profession. The common law has the capacity to evolve, but only gradually over

Katie Worman, President

Recently, the Evansville Bar Foundation board voted to change the grant cycle effective with the 2016 cycle. Beginning this year, all grant requests will be due between July 1 and July 31. In addition, the grants will be awarded at a special lunch this year, to be held on September 21, 2016. All guidelines and policies can be found at www.evvbar.org under the Foundation tab. If you feel that you or an organization you are connected to have a need that qualifies under the guidelines, we encourage you to submit a request.

Page 4

COURTVIEW CONFERENCE CENTER Suite 505 Curtis Building - Available for Attorney Rental

Private free-standing 500+ sq. ft. corner office conference room

available for weekly, daily, and half day rental. Ideal for use during jury

trials, bench trials, client meetings, depositions, pre-trial/settlement

conferences, witness preparation and board meetings. Conference Center overlooks and is a one minute walk to the

Vanderburgh County Courthouse and the Vanderburgh County Civic

Center. Three minute walk to the Federal Courthouse. Conference Center includes private keyed entrance, 10 person

conference table, secure high speed wireless and wired internet, 55”

UHDTV with Bluetooth sound system, wireless copier/scanner,

complimentary bottled water, tablet/cell phone charging stations,

additional seating and secure document shredding. Curtis Building amenities include ample free parking, same floor

restrooms, and breakfast/lunch catering to Conference Center, when

available, from the on premise antique Caboose diner. For

reservations or additional information, please contact:

Massey Law Offices, LLC

(812) 491-9333

915 Main St., Suite 502, Evansville, IN 47708

www.masseylawoffices.com

WHAT’S NEW @ THE LAW LIBRARY?

The following volumes are currently missing from the Law

Library:

ALR, Fifth Series, volumes 85 and 106

ALR, Sixth Series, volume 6

Indiana Law Encyclopedia, volume 3

If you happened to remove any of these items from the Law

Library and still have them in your possession, please return

them at your earliest convenience so that others may use them.

No questions asked!

Thank you, Helen Reed, Law Librarian

Lead Counsel Foster, O’Daniel, Hambidge & Lynch

LLP

Steve Hoar

P. Michael Mitchell

Brian and Barbara Williams

Court Counsel

James Casey

Charles Hewins

Michael Land

Krista Lockyear

Terry Noffsinger

Dirck Stahl

Attorney of Record

Steve Barber

Erin Bauer

Diane Bender

D. Timothy Born

Allyson Breeden

John Brinson

Thomas Bryan

Michelle Bryant

W. Charles Bussing III

Attorney of Record (cont)

Hon. Richard G. D’Amour

Kevin Gibson

David Hatfield

G. Michael Schopmeyer

Philip Siegel

Dan Tuley

Heath Tuley

John Whinrey

Joseph Michael Woods

Sarah Woods & Javier Lugo

Scott Wylie

New Attorney (0-3 Years)

Lindsay Charles

Steven Charles

Ryan Hatfield

Brandon Powell

Erin Schmitt

Patrick Thomas

Paralegal

Barbara VanZant

“2016 CONTRIBUTORS” Thank you to those that have contributed to the John L.

Sanders Memorial - Evansville Bar Foundation in 2016.

Still Plenty of time to add your name to the list!

JOHN L. SANDERS

(the answer to last month’s question:

“Can you name this man?”)

The Evansville Bar Foundation was

formed in 1999 due to a generous donation

from Evelyn Sanders, the widow of John L.

Sanders who practiced law in Evansville for

75 years.

(Photo provided by Charles A. Spaetti)

Page 5: The SummationPRESIDENT’S MESSAGE By: Steve Hoar 401 SE 6th Street, Suite 101 The law is a conservative profession. The common law has the capacity to evolve, but only gradually over

DIVERSITY ROUNDTABLE

Tuesday, May 10 8:00 AM - 10:00 AM

EBA Office

Lack of diversity in your organization is affecting your bottom line. Clients are leaving Evansville

to seek legal representation in Bloomington and Indianapolis because their perception is that

there are not attorneys in Evansville that understand their cultures or their needs.

In an attempt to help you better serve the increasingly diverse Evansville population, the EBA Diversity Committee is inviting you

to participate in a roundtable discussion facilitated by Mark Sebree.

Understanding diversity: racial, ethnic, cultural, economic background, gender, and sexual orientation.

Effect of new medical school and the face of our changing community

Increasing efforts to educate staff and attorneys

Economic benefits of increasing diversity and inclusion efforts within your business

Representing the different aspects of our community within your businesses

Benefits of creating in-house committees focusing on Diversity and Inclusion

Effect of business leaving the Evansville area due to the lack of diverse members in law firms and businesses

Seating is limited. RSVP to [email protected] or 812.463.3201. Event is Free.

Job Well Done to All Who Worked So Hard to Make

Law Week 2016 a Success!!

Law Day Celebration Co-Chairs

Meagan Brien and Trisha Dudlo

Mock Trials

Lori Underwood, Chair

Will Cartwright, Vice-Chair

Student Lunch Co-Chairs

Thomas Clowers and Aaron Trump

Awards Committee

Monica Edwards, Jimmy Gentry, Terry White

Cathy Nestrick, Lane Siesky, Laura Scott,, Elissa Hewins

Editorial Board

Max Fiester, Chair

Judge Carl Heldt, Doug Briody, Clay Havill, Yvette LaPlante

Mark Miller, Dan Robinson, Kathryn Sullivan, and

Shawn Sullivan

Special Thanks to the

Volunteer Attorneys

And Judges for the Mock Trials

Judge Kiely

Judge D’Amour

Judge Lloyd

Judge Shively

Judge Tornatta

Magistrate Hussmann

Magistrate Cox

Molly Briles

Brett Bueltel

Will Cartwright

Patrick Duff

Craig Emig

Royal Gearhart

Javier Lugo

Matt Malcolm

Keaton Miller

Drew Pittman

Brandon Powell

Alex Scates

Kyle Sawa

Cliff Whitehead

Our Sincere Appreciation to Those Who

Underwrote the Student Lunch

Bamberger, Foreman, Oswald & Hahn Wilfred C. Bussing 111

Hon. Richard D’Amour Danks & Danks

Frick Powell Jon Goldman

Charles Hewins & Richard Steedman Katharine Jones & Carrie Miller

Kahn, Dees, Donovan & Kahn Keating & LaPlante

Massey Law Offices Old National Bank - Legal Dept.

Alex Schmitt for County Commissioner Stone & Stratman

Terrell, Baugh, Salmon & Born Woods & Woods

Ziemer, Stayman, Weitzel & Shoulders Bob Zoss Law Office

Another BIG Thank You to our

Sponsors!

Gold

Old National Bank

Tri-State Reporting, Inc

Silver

Blue & Co

Bingham Greenebaum Doll

New Horizons Financial Consultants

Ritman & Associates

Bronze

Alphagraphics Amy Brandsasse– Professional Guardian

Ad Litem Services

LexisNexis

Stewart Richardson

Also to:

Matt Wagner Design For donating the beautiful invitation

design

Page 6: The SummationPRESIDENT’S MESSAGE By: Steve Hoar 401 SE 6th Street, Suite 101 The law is a conservative profession. The common law has the capacity to evolve, but only gradually over

Page 6

EBA Women Attorneys Section presents

A Professional Development Workshop

with Carol Frohlinger, J.D. President of Negotiating Women, Inc. www.negotiatingwomen.com

May 5, 2016

Tropicana Conference Center Looking forward to this SOLD OUT event

THANK YOU TO OUR SPONSORS

SILVER

BRONZE

Catherine A. Nestrick

Mandatory Child Abuse Reporting

1 Ethic CLE

Wednesday, June 15

Noon - EBA Office

Speaker: Magistrate Judge Graham Polando

Cost is $30 for EBA Members and $50 for Non-members

Register on-line at www.evvbar.org email [email protected] or

call 812-463-3201.

EBA Business and Commercial Law Section presents

Annual “Breakfast with the

Judge”

1 CLE

Wednesday, May 18

8:00AM

YWCA - Parlor

The annual “Breakfast with the Judge,” featuring the

Hon. Basil Lorch, III Registration and Breakfast, 7:30AM, 8:00AM Start

Cost is $30 for Business and Commercial Law Section Members;

$35 for EBA Members and $50 for Non-members and includes

breakfast.

Register on-line at www.evvbar.org email

[email protected] or call 812-463-3201.

Page 7: The SummationPRESIDENT’S MESSAGE By: Steve Hoar 401 SE 6th Street, Suite 101 The law is a conservative profession. The common law has the capacity to evolve, but only gradually over

MAY CALENDARMAY CALENDAR

05/03 Family Law Section Meeting, Noon - EBA Office

05/04 Solo/Small Firm Section Meeting, Noon - EBA Office

05/05 A Professional Development Workshop with Carol Frohlinger, 10:00AM - Tropicana Conference

Center

05/05 Talk to a Lawyer, 4:30 PM - EBA Office

05/10 Diversity and Inclusion Roundtable, 8:00 AM - EBA Office

05/11 Probate, Elder Law & Guardianship Section Meeting, Noon - EBA Office

05/12 EBA Morning Mixer, 7:30ish - Donut Bank on Hwy 41 & Lincoln

05/12 EBA Board of Directors Meeting, 11:30AM - Biaggis

05/17 Real Property Section Meeting, Noon - EBA Office

05/18 Breakfast with Judge Lorch 1 CLE, 8:00 AM - YWCA Parlor

05/19 EBF Board of Directors Meeting, Noon - EBF Office

UPCOMING EBA SPONSORED VIDEO REPLAYSUPCOMING EBA SPONSORED VIDEO REPLAYS

(all video replays are held in the EBA Office)(all video replays are held in the EBA Office)

06/23 Anatomy of a Jury Trial 7 CLE (pre-approved for IN and KY CLE) - 8:30AM start

UPCOMING ICLEF VIDEO REPLAYSUPCOMING ICLEF VIDEO REPLAYS

For reservations, pricing, or to verify credits or content for the ICLEF video replays, please contact ICLEF at (317) 637-9102

or visit www.iclef.org.

05/09 Complexities of UCC Article 9 Simplified, 6 CLE

06/20 How to Understand and Analyze Financial Statements, 6 CLE

06/22 Medicaid for the Elderly and Aged in Indiana, 6 CLE

07/11 Municipal Law Update, 6 CLE

Page 7